Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you and Snackski Snack & Candy Co. ("Snackski," "we," "us," or "our"), a Texas company. By accessing snackski.com (the "Site"), creating an account, placing an order, or using any of our services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree with any part of these Terms, you must not use the Site or purchase our products. We reserve the right to update these Terms at any time. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

Snackski Snack & Candy Co. operates snackski.com, a direct-to-consumer e-commerce store selling clean-label snack products. Our mailing address and primary contact for legal matters is:

Snackski Snack & Candy Co.
Dallas, Texas
Email: team@snackski.com

To use the Site or place an order, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from receiving our products under applicable law
• Provide accurate, current, and complete information during registration and checkout

By using the Site, you represent and warrant that you meet all of the above eligibility requirements. If you are using the Site on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

You may browse the Site without an account, but placing an order or managing a subscription requires account registration or guest checkout. If you create an account, you agree to:

• Provide accurate and complete registration information
• Keep your password confidential and not share it with others
• Notify us immediately at team@snackski.com if you suspect unauthorized access to your account
• Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate any account that violates these Terms, engages in fraudulent activity, or poses a risk to other users or to Snackski.

All products listed on the Site are subject to availability. We reserve the right to limit quantities, refuse or cancel orders, or discontinue any product at any time without notice.

When you place an order, you are making an offer to purchase. We may accept or decline that offer at our sole discretion. Your order is confirmed when you receive an order confirmation email. We reserve the right to cancel a confirmed order if:

• The item is out of stock or discontinued after order placement
• There was a pricing or product description error
• Your payment cannot be verified or is declined
• We suspect fraud, abuse, or a violation of these Terms
• We are unable to ship to your address

If we cancel your order after payment has been processed, you will receive a full refund to the original payment method.

All prices are listed in US dollars and do not include applicable taxes or shipping costs unless stated otherwise. Taxes and shipping are calculated at checkout and displayed before you complete your order.

We make every effort to display accurate pricing. In the event of a pricing error, we reserve the right to cancel affected orders and notify you. We are not obligated to honor pricing errors.

We accept major credit cards, debit cards, and any additional payment methods displayed at checkout, all processed through our payment provider. By submitting payment, you represent that you are authorized to use the payment method provided and that the billing information is accurate.

We use industry-standard encryption and do not store full payment card numbers on our servers. Payment processing is handled by Shopify Payments and its underlying processors.

We offer recurring subscription plans that deliver products to you automatically on a schedule you select. By enrolling in a subscription, you agree to the following:

• Auto-renewal: Your subscription renews automatically at the end of each billing period (monthly or as otherwise specified) and your payment method on file will be charged at the then-current subscription price.
• Authorization: By enrolling, you authorize us to charge your payment method on a recurring basis until you cancel.
• Price changes: We will notify you by email at least 7 days before any price change takes effect. Continued subscription after the notice period constitutes acceptance of the new price.
• Cancellation: You may cancel your subscription at any time through your account dashboard or by emailing team@snackski.com. Cancellations must be received before your next billing date to avoid being charged for the upcoming cycle. We do not offer refunds for subscription charges already processed except where required by law.
• Skipping a delivery: Where available, you may skip a delivery through your account portal before your order processes.
• Failed payments: If a subscription charge fails, we will attempt to re-charge on successive days. If payment cannot be collected, your subscription may be paused or cancelled and your order will not ship until payment is resolved.

Subscription pricing reflects a discount from one-time purchase pricing. Promotional rates and introductory offers may apply to new subscribers only and revert to the standard subscription rate after the promotional period.

Shipping terms, delivery timelines, carriers used, and our policy on lost or damaged shipments are governed by our Shipping Policy, which is incorporated into these Terms by reference.

Title and risk of loss for products purchased from us transfer to you upon delivery to the carrier. We are not responsible for delays caused by carriers, customs, weather events, or other circumstances outside our control.

We currently ship to all 50 US states and Washington D.C. We do not ship to P.O. boxes, APO/FPO addresses, or internationally at this time. Shipping to addresses that do not meet these criteria may result in order cancellation and a full refund.

Our return and refund procedures are governed by our Refund Policy, which is incorporated into these Terms by reference. Because our products are consumable food items, return eligibility is limited. Please review the Refund Policy before placing an order.

Always read the ingredient label before consuming any Snackski product. Our products may contain or be manufactured in facilities that also process common allergens including:

• Peanuts and tree nuts
• Wheat and gluten
• Soy
• Dairy (milk)
• Eggs

Ingredient and allergen information is provided on product packaging and on individual product pages on the Site. While we work to keep this information current, formulations may change. The most accurate and up-to-date information is always on the physical product label.

Nothing on the Site constitutes medical or dietary advice. Our products are food items and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you have specific dietary needs or medical conditions, consult a qualified healthcare professional before consuming our products.

We are not liable for any allergic reaction, adverse health event, or injury resulting from failure to read and follow product labels, or from consuming our products in a manner inconsistent with their intended use.

From time to time we may offer promotional codes, referral credits, or discounts. These are subject to the following conditions unless otherwise stated:

• One code per order, per customer, unless explicitly stated otherwise
• Codes are non-transferable, have no cash value, and may not be combined with other offers unless specified
• Promotional codes cannot be applied retroactively to completed orders
• We reserve the right to expire, modify, or revoke any promotional offer at any time
• Codes obtained through unauthorized channels (resale, scraping, or distribution not authorized by Snackski) are void

All content on the Site — including but not limited to text, product descriptions, photographs, illustrations, logos, packaging designs, brand names, trademarks, trade dress, and the "Snackski" name — is the exclusive property of Snackski Snack & Candy Co. or its licensors and is protected under US and international copyright, trademark, and intellectual property laws.

You may not, without our prior written consent:

• Copy, reproduce, distribute, or publicly display any content from the Site
• Modify, create derivative works from, or reverse engineer any content
• Use our trademarks, logos, or brand assets in any commercial manner
• Frame or mirror the Site or any portion of it on another website
• Use any automated tools (bots, scrapers, crawlers) to extract content or data from the Site

Limited personal, non-commercial use of Site content is permitted provided attribution is given and no content is modified. Any other use requires express written permission from Snackski.

If you submit reviews, photos, comments, social media posts, or other content referencing Snackski or our products ("User Content"), you grant Snackski a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display that User Content in any media, including on the Site, social media channels, and marketing materials, with or without attribution.

By submitting User Content, you represent that:

• You own or have the rights to the content you submit
• The content does not infringe any third-party intellectual property, privacy, or publicity rights
• The content is accurate and not misleading
• The content does not contain any unlawful, harmful, or offensive material

We reserve the right to remove any User Content at our discretion without notice. We do not endorse or verify User Content and are not responsible for any User Content submitted by third parties.

When using the Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms
• Submit false, misleading, or fraudulent information in any order or communication
• Attempt to gain unauthorized access to any portion of the Site or its related systems
• Interfere with or disrupt the operation of the Site or servers
• Use automated tools to place orders, create accounts, or interact with the Site without our consent
• Resell or commercially exploit products purchased from Snackski without prior written consent
• Post or transmit any content that is defamatory, harassing, threatening, obscene, or otherwise objectionable
• Impersonate Snackski, its employees, or any other person or entity
• Collect personal information about other users without their consent

The Site may contain links to third-party websites or services. These links are provided for convenience only. We do not control, endorse, or assume responsibility for any third-party content, products, services, or privacy practices. Accessing third-party sites is at your own risk and subject to those sites' own terms and policies.

Our store is hosted on Shopify. Payment processing is provided by Shopify Payments, Stripe, or other processors. These providers have their own terms of service and privacy policies which govern their handling of your information.

THE SITE AND ALL PRODUCTS, CONTENT, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or timeliness of any content on the Site, including product descriptions, pricing, or availability information.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SNACKSKI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PURCHASE OF OUR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, SNACKSKI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO SNACKSKI FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

You agree to indemnify, defend, and hold harmless Snackski Snack & Candy Co., its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or purchase of products; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; or (d) any User Content you submit. Snackski reserves the right to assume exclusive control of any matter subject to indemnification, in which case you agree to cooperate fully.

Please read this section carefully — it affects your legal rights.

Informal Resolution First. Before filing any formal legal claim, you agree to contact us at team@snackski.com and give us 30 days to resolve the dispute informally. Most concerns can be resolved this way.

Binding Arbitration. If a dispute cannot be resolved informally, you and Snackski agree to resolve it through binding individual arbitration under the rules of the American Arbitration Association (AAA), rather than in court. The arbitration will be conducted in Dallas County, Texas, or via telephonic/video hearing. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND SNACKSKI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions. Either party may bring an individual claim in small claims court. Either party may seek emergency injunctive relief in court to prevent irreparable harm pending arbitration. Claims related to intellectual property infringement are excluded from mandatory arbitration.

If the class action waiver is found unenforceable, the arbitration agreement does not apply to that claim.

These Terms and any dispute arising out of or relating to them or the Site shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

For any claim not subject to arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Dallas County, Texas, and waive any objection to venue in those courts.

If you believe any content on the Site infringes your copyright, please send a written notice to team@snackski.com containing: (1) identification of the copyrighted work you claim has been infringed; (2) identification of the infringing material and its URL; (3) your contact information; (4) a statement that you have a good faith belief the use is not authorized; (5) a statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorized to act on their behalf; and (6) your physical or electronic signature.

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to our collection and use of your personal data as described in the Privacy Policy.

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify you by email. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision unless acknowledged and agreed to in writing by Snackski.

These Terms, together with our Privacy Policy, Refund Policy, and Shipping Policy, constitute the entire agreement between you and Snackski regarding your use of the Site and supersede all prior agreements, understandings, or representations, whether written or oral, relating to the same subject matter.

Questions about these Terms? We're happy to clarify.

Email: team@snackski.com
Contact form: snackski.com/pages/contact